High Court grants CAA permission to intervene in Ken Livingstone’s bid to overturn EHRC investigation into antisemitism in Labour Party
Former Mayor of London Ken Livingstone and Labour councillor Pam Bromley have failed in their opposition to Campaign Against Antisemitism’s application to intervene in their judicial review of the Equality and Human Rights Commission (EHRC).
In a written judgment, Mrs Justice Lang decided that Campaign Against Antisemitism should be allowed to intervene formally in the judicial review proceedings in which Mr Livingstone and Ms Bromley are seeking to overturn the EHRC’s landmark 2020 report which concluded that the Labour Party under Jeremy Corbyn’s leadership had engaged in unlawful antisemitic harassment of its Jewish members.
Despite our role as originating complainant in the EHRC’s investigation into Labour, Mr Livingstone and Ms Bromley had strongly opposed the High Court giving permission to us to intervene in the case, arguing that our intervention would “not provide any benefits”.
Rejecting Mr Livingstone’s and Ms Bromley’s position, Mrs Justice Lang ruled: “In my judgment, the Court is likely to be assisted by CAA’s intervention…It made the complaint to [EHRC], and requested that an investigation took place. It provided substantial evidence, conceptual framework analysis and legal submissions to support the investigation. It has been particularly concerned with antisemitism denial as a form of harassment. As a Jewish community charity, it is rooted in the Jewish community and it has built up a longstanding expertise on the nature of modern antisemitism. Because of its expertise, it is likely to be able to contribute information, analysis and context more effectively than the other parties [the EHRC and the Labour Party].”
The EHRC supported Campaign Against Antisemitism’s intervention, while the Labour Party neither supported nor opposed it, remaining neutral.
A spokesperson for Campaign Against Antisemitism said: “We are pleased that the High Court has ruled that, as complainant in the EHRC’s investigation into antisemitism in the Labour Party, and as an expert body, we are well-suited to assist the court in understanding the nature of antisemitism denial as a form of harassment and other important matters in this case.”
Campaign Against Antisemitism is represented by Derek Spitz and Adam Wagner, of counsel, instructed by Asserson solicitors.
